Bill Text: NY S05272 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a right to treatment for seriously emotionally disturbed children who are certified by the pre-admission certification committee and waiting to be placed in a residential placement facility for children and youth; requires commissioner to evaluate what services are needed and how to provide them.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-12 - REPORTED AND COMMITTED TO FINANCE [S05272 Detail]

Download: New_York-2015-S05272-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5272
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 12, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, in relation  to  establishing  a
         right  to  treatment  for seriously emotionally disturbed children who
         are certified and waiting to be  placed  in  a  residential  placement
         facility for children and youth
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 9.51 of the mental hygiene law is amended by adding
    2  two new subdivisions (h) and (i) to read as follows:
    3    (H) WHENEVER A PERSON BECOMES CERTIFIED BY THE  PRE-ADMISSION  CERTIF-
    4  ICATION  COMMITTEE  AND IS WAITING FOR PLACEMENT, SUCH PERSON SHALL HAVE
    5  THE RIGHT TO THE MENTAL HEALTH SERVICES FOR WHICH THEY ARE ELIGIBLE  AND
    6  WHICH  ARE  CUSTOMARILY  PROVIDED  IN  A RESIDENTIAL FACILITY UNTIL THAT
    7  PERSON IS PLACED IN AN APPROPRIATE RESIDENTIAL TREATMENT  FACILITY.  THE
    8  COMMISSIONER  SHALL  BE CHARGED WITH THE RESPONSIBILITY FOR ASSURING THE
    9  DEVELOPMENT OF COMPREHENSIVE PLANS, PROGRAMS, AND SERVICES IN THE  AREAS
   10  OF  EARLY  PREVENTION, CARE AND TREATMENT, AND EDUCATION. SERVICES SHALL
   11  BE PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER  CERTIFICATION  AND
   12  APPROPRIATE  TO INDIVIDUAL NEEDS IN THE ENVIRONMENT NECESSARY TO ACHIEVE
   13  THE PURPOSES OF TREATMENT UNTIL SUCH INDIVIDUALS ARE PLACED IN  A  RESI-
   14  DENTIAL  TREATMENT  FACILITY.  THE  COMMISSIONER,  IN  CARRYING  OUT THE
   15  PROVISIONS OF THIS SUBDIVISION, SHALL:
   16    (1) DEVELOP, ESTABLISH, AND PROMULGATE A PROCEDURE  TO  IMPLEMENT  THE
   17  PROVISIONS  OF  THIS SUBDIVISION. SUCH PROCEDURE SHALL BE BASED UPON THE
   18  INDIVIDUAL NEEDS OF THE PERSON; AND
   19    (2) NOTIFY, COOPERATE, GUIDE, AND ASSIST LOCAL AGENCIES, LOCAL GOVERN-
   20  MENT UNITS, COMMUNITY SERVICE BOARDS, AND/OR PROVIDERS OF SERVICE.
   21    (I) THE COMMISSIONER SHALL IDENTIFY THE CHARACTERISTICS AND NUMBER  OF
   22  CHILDREN  AND ADOLESCENTS WHO ARE CERTIFIED BY THE PRE-ADMISSION CERTIF-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01800-01-5
       S. 5272                             2
    1  ICATION COMMITTEE IN NEED OF APPROPRIATE SERVICES, DESCRIBE  THE  EDUCA-
    2  TIONAL,  MENTAL  HEALTH  OR  OTHER  TREATMENT  SERVICES NEEDED, DESCRIBE
    3  CURRENTLY AVAILABLE PROGRAMS AND RESOURCES, RECOMMEND A PLAN TO MEET THE
    4  NEEDS  OF  SUCH  CHILDREN,  RECOMMEND PRIORITIES FOR THE CONTINUATION OR
    5  DEVELOPMENT OF PROGRAMS AND RESOURCES, AND MAKE  AN  ASSESSMENT  OF  THE
    6  SUCCESS OF THE SERVICES SO PROVIDED.
    7    S  2. This act shall take effect on the first of January next succeed-
    8  ing the date on which it shall have become a law.